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this is just in to cnn. the source come from the federal grand jury investigating january 6th has subpoenaed the former white house counsel, pallone. abc news was first to report that. cnn has now confirmed that, as well. abby phillip, david axelrod, all back with me here. thanks so much for joining. this is big news. what say you, david? >> i think we have seen, over the last couple of weeks, this escalation in this grand jury process. that is separate and apart from all of the doj investigations and prosecutions into those that actually stormed the capitol and broke into the capitol. this is now -- has been -- and we have seen -- as aids were called in, what have you, the

inter-sanctum. we don't get more inner sanctum than the white house counsel. >> right. >> we know, through testimony given to the january 6th committee, running down the hall to the oval office to try and stop meetings from progressing, who was trying to get the white house chief of staff alive and awakened and engaged in what was going on on the 6th. i know that him and his team are going to go through a whole host of negotiations and conversations with doj about what he can say, what he can say, but this doj investigation and this is a series of heart attacks. i don't think the doj is fooling around here, and i think this will be an investigation that will be with us free years. >> the new goshen of the house committee, because the house is racing a clock. they need to get what they are going to do done, because they were concerned about the congress turning over in january. justice department will pursue sipaloni, and they're going to test this issue of privilege, because there is no privilege if it relates to the commission

of a crime . they will pursue it in a way that the house cannot. >> i think the question, going forward, will be when they do pursue it, and it goes to the courts, how quickly does it get resolved, even in these federal probes. in the past, some of the judges and some courts have taken a long time to come down in rulings about whether we're not going to have privilege apply to certain circumstances. a court that moves much more quickly could have this moving along, and i think, either way, though, it puts cipollone in a position that he wasn't in for the january 6th committee. he was basically able to go into a room with the january 6th committee and say, here's what i'm willing to talk about. here's what i'm not. they were amendable to that. it's not going to be that kind of situation when you are talking about a federal grand jury, or federal crimes. >> you guys are right, because

they say, on abc news, that attorney cipollone is trying to negotiate this, like they did with the house-senate committee, investigating the attack, which you mentioned, they're expected to engage in these negotiations around this. concerns regarding potential claims of executive dances. >> as they should, there. >> for somebody who has been in the west wing, and has been in that situation, there has to be some kind of privilege given -- >> that he is the former white house -- >> right. today we's point, there's no executive privilege without the commission. what's interesting about cipollone, he's not a maga guy. he's a guy who took a job, went in and did a, was very open with the january 6th committee. i was surprised. he negotiated it out, but to have him come in and say the things he did on videotape that showed, you know, during the hearings, was amazing, i thought. it really helped make their case. >> i want some legal analysis now. elliott joins us now. elliott, pat cipollone, a federal grand jury subpoena the former white house attorney

for the january 6th commission. what does this mean? >> don, pat cipollone is the ultimate insider. we have seen that he was involved in or present for or a witness for so many of the key conversations. generally speaking, his role was as a voice of reason, telling them, no, you can't take over the justice department. no, you can get on board with this. no, john eastman's theories are not legal. they're not constitutional. i think one of the questions your lips as i think abby phillip was alluding to this -- is how hard is doj going to push back against these executive privilege claims, because if we think to pat cipollone's videotaped deposition testimony, which we saw in some of the hearings, there were these moments when he was asked what was your conversation with donald trump. pat cipollone would pause, turned to his lawyer, a guy who i used to work with the doj, and cipollone would say, privilege. he would not answer. so, is doj willing to go to court to force them to give

those answers, or are they will going to be able to negotiate some point, where they agree on what cipollone will and will give them? if they go to the courts, a, that will be a high-stakes battle, and can take quite a while. i can take months. >> elliott, this does escalate. this takes it to a whole new level. if you have the former white house counsel being subpoenaed, this really ratchets things up. >> yeah. there's no question about it. when we add this to what we already know about the committee, they are speaking with him. this is a next level up from mark sure, from greg jacob. this is the white house counsel. he is an older rooms for all the big meetings. so, yes, this is another sign of just how serious and how focused the doj is not just on the white house, but the interest income of the trump white house >> all right. thank you very much. i appreciate that, elliott. again, abc news, the first to report for the general grand jury, the former trump white house counsel, pat cipollone in the investigation into january 6th. we'll continue to follow this ,

just into cnn. this is election night in america. we need to talk about that. results are coming in at this hour in five key states, including arizona, where election deniers are all over the ballot. they would have weakened the right to abortion and the state might the constitution in idaho. i want to get to cnn's john king, at the magical for us. john, good evening to you. what stands out to you at this hour? >> we're beginning to get votes out of the west coast, as we look to the west, including the arizona governor's race. we can give you that, for the update of the new votes. the more establishment category, that got the pence endorsement, and if the trump- endorsed candidate loses, she will say, she is cheating. half the vote to go, so a long way to go. right now, the establishment leader is leading, rounded up to 40 one% rounded up, she's leaving because of this lead in maricopa county, the largest

county in the state. more than 60% of the state population lives in phoenix, the suburbs around the maricopa county. so, tarantella robeson, taking an early lead there. a very significant lead, because there is the possibility that if kari lake wins, down the ballot on arizona balance, it's possible there could be a slate of election deniers for the republicans. robeson, not one of them, though she has been softer in the past. that's something we are watching from, men then it ago. mentioned the kansas book, which we have called -- this, of national significance. this is a state constitutional ballot initiative in kansas, but of national significance, because the first-time voters get their say post dobbs, meaning in post roe v. wade america, with the supreme court saying, states can now decide to ban abortions for the voters of kansas are saying, no, they do not want to water down their state constitution, which protects abortion rights. so, a significant development in kansas, but also, don, one with national implications, as state-by-state goes through the abortion debate. as the cats hope that the supreme court decision, the setback for democrats, you know, pro-abortion rights

democrats, ends up being a motivation for voters come november. >> all right, mr. king, standby. let's go to cnn's terramycin arizona, where the latest is happening with the key races there. the votes are starting to come in. what do you have for us, kiana? >> you can start to see the people in this room i went to karen taylor-nelson, her watch party. applause are starting to pop in this room, as numbers are trickling in, but the campaign was specifically looking for that margin that john was talking about, about a 9% margin. the campaign was hoping for that kind of a number. the expectation is that terry lane, with encouraging her voters to vote on election day, that if there was any chance of al-zawahiri to win, she needed significant margins in that first election result, the first one we're seeing tonight. so, this room, at least, is

sounding pleased, as they're starting to hear about these results, but as john pointed out, it is very early. there are still a lot of votes to be counted, especially those votes that came in today, the voting in person, don. >> the noise level has certainly increased -- the noise level has certainly increased since last week we met you at the headquarters there for robson. what are you hearing? are you able to talk to any of the voters? >> reporter: we haven't talked to many of the voters here yet, because these votes are just coming in right now. what i can tell you, though, is that you can feel the mood in this room, there was this feeling of we're holding our breath. so much is at stake if you talk to the people in this room. if this is the republican establishment, this is the heart of what has long been known as the arizona republican party, meaning the framework of it is the party of barry goldwater, john mccain, and

doug ducey, as of late. ducey, mike pence, they came out for karrin bottone, the establishment candidate. this group is not sure if she would be able to pull it off. that is still out there still a lot of nerves here. we do not know what's gonna happen as these results start to come out. again, very early in the night. the first election results. some positive signs there. but again, very, very early. >> we got the job ready, because you are going to need it. thank you very much, kyun, joining us from arizona. we appreciate it. listen, we got to get my dream team here on the set . we're going to continue to talk about what's happening. we're going to take a quick break, though. when we come back, generally 6th news tonight. a source confirming to cnn that a federal grand jury investigating generally sixth has subpoenaed the former white house counsel , cipollone.

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all right. we're back now. the results were coming in across america. john king, the magic wall, looking at all of the key races for us tonight. so, john, talk to me. can we go to michigan and talk about what's happening there with pete my? >> you ask about peter meyer at michigan. those at home may not recognize the name. 1 of 10 algebra because voting to impeach donald trump. john gives, the trump-endorsed candidate, as we have seen in races where he opposes with a vengeance. 50.2249.7. a district, grand rapids, to the west, to the border in michigan, we're going to be counting these for a while. we think about 63% of the vote is coming in. you've got 4 in 10 boats still to come, short of that. a 238 vote margin now. this, one of three tests tonight. two primaries in washington state, as well. polls are starting to close.

three of the 10 house republicans voting to impeach donald trump have been challenged. essentially, the trump vengeance for the publican party sees this one, not settled tonight. we're still counting votes. 248 now with peter meyer building democrats, not interested. they put money behind john gives, wanting him to be a nominee. they think they have a chance to take the seat in november if john gives is a nominee. we will see and be counting votes here, then the two contests out of washington state, as well. >> john king, thank you very much. let's bring into the room, as they say. let's talk about peter meyer, talk about all of what's happening with these house republicans. 10 house republicans voted to impeach trumm, facing a far right party challenge with democrats. was interesting, we were talking during the break about what's happening with peter meyer. this could be a real test -- or not such a great night when it comes to peter meyer and donald trump. >> right.

obviously, donald trump has of the scoreboard of all these folks he's trying to exact vengeance against who voted to impeach him in the aftermath of january 6. peter meyer, one of them. you know, john king was saying, people who may not know meyer, where you know the name meyer? in michigan. but he is a republican in a different mold than the modern- day trump-dominated republican party. he has been sort of fighting that fight. if he is able to successfully withstand this challenge from a trump-backed challenger, john gives, who served in trump's housing and urban development department, this will be sort of the first pushback on that vengeance tour that we see in this primary season for the republican party. by the way, what the democrats did in this race, look how close it is. it could really potentially be a factor here. david, i know you're not a fan of what

democrats can do. you think they're playing with fire. >> not just playing with fire. i think when a person puts their career on the line to vote for impeachment, knowing that trump's gonna come after them, and that -- he's a very young man -- end his career, that democrats should not be meddling to lift an election denier in a primary against him. i don't think that -- if you want to be the pro-democracy party, don't go after a guy in his own party, in his own primary, for standing up for democracy. if you want to compete with them, compete with him in the general election. >> are you supporting them? >> no. there are real differences philosophically between peter meyer and democrats, but it isn't over the issue of democracy. by lifting up an election denier against him and punishing him, essentially punishing him for taking a pro- democracy position, i think democrats, you know, call into question their own commitment >> it's a cynical move on the democrats' part. to your point, don, there was a

time when, you know, this was a political tactic that was sort of just about oh, you prefer to run against this guy who feels this way about taxes, and not that guy, but democrats are the ones who are making an argument to voters that this is an existential threat to our democratic system, and it's hard to make that case to voters on the one hand, and on the other hand, to spend tons of money boosting people who are election deniers. it's a repudiation of that in this particular race, but i think, also, one of the problems with that strategy, be on this race, is that some of these people might actually win, and you cannot guarantee that voters are just gonna reject them because you think that they are too radical to be elected. >> one thing i will say, what democrats are doing, running ads in republican primaries, saying, this candidate is too

conservative about the opponents -- the person they're trying to be -- he's pro trump, he's an election denier, and so on. and there's a market for that in the republican primaries if there was a market for it, it wouldn't work. so, they are playing with fire. they're a primal force that they're playing with. so, that has to be noted. but absolutely. one of these scuds could get through. one of these anti-democracy scuds could get through. if meyer were to lose this race, absolutely, he still could, and democrats can claim that they defeated him. that's the victory they want to claim. >> it's interesting to still be talking about impeachment. i guess it still does play, you know, in kansas or whatever, in peoria, wherever that's still a factor for the trump vote >> you know, it does. there's definitely no honor in

politics, necessarily, but i think, over the past 20 years, we have seen whatever honor that was in politics has kind of drifted away. to david's point about the democratic party getting involved in these primaries, you know, it wouldn't be a historic first for major democratic leaders to stay out of certain races. starting from the congressional delegations, where harry reed got arrested, but harry reed, specifically, winning the marries in his own state, even though he was a senate democratic leader. he would get involved in that, because he didn't feel that it was appropriate for him to do so. to david's point, how does a democratic party look at itself when it is popping up election deniers with the goal of trying to beat them in the end, but could still lose? it's just -- >> one quick point on your impeachment point. one person who is trailing tonight's rusty bowers. we all know he played such a significant role in these hearings, former speaker of the arizona house, running for the state senate today, losing,

trailing, and that is completely about impeachment. he's represented that area forever for the republican party of arizona censured him in the last weeks of the campaign, just to make the point, just to make the point that he was an apostate, because he stood up for democracy, even though it might hurt donald trump. >> stick around, everyone. we've got much more to come. maybe the biggest result of the night in kansas. voters, maintaining the right to abortion in the kansas state constitution.

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so, kansas voters have decided to maintain the right to an abortion in their state's constitution. that, according to the projection from the cnn decision desk on your screen now. take a look at it. back with me now, abby, david, mark, avid and david . how many david's do i have? >> not enough david's peered all about david tonight. also joining us right now, the cnn legal analyst. thanks for joining us today, ariva. this is surprising that it is kansas, red, middle of the country. is this a harbinger of things to come for republicans come november? too early to tell? >> i think it is, don. what it tells us, i think, is that abortion is on the ballot. kansas saw a record turnout in this election. they talk about this being comparable to 2008, when obama was on the ballot. even if voters are not pro- abortion, i think voters are saying, we are anti-extremism by republicans.

republican lawmakers are seeking to deny women the right to make decisions about their own reproductive health. i think this is going to be a difficult issue for republicans moving forward. voters are galvanized around this issue to support and to protect women's right to choose. they rejected this constitutional amendment, which would have given republican lawmakers in the state of kansas, it would have given them the power and authority to make decisions about whether abortions would be there, in that state, and everybody expected that if they were given that authority, they would have absolutely banned or severely restricted abortions in the state of kansas. this is a big win for women, for pro-choice advocates. >> but there is some history to this, ariva, because there is a 2019 state supreme court ruling in kansas that found that the state constitution does protect the right to an abortion, a 6-1 decision. >> absolutely. that's why this amendment -- is

not surprising to me -- the voters in kansas rejected the amendment to try to remove this constitutional protection under the kansas constitution, because the supreme court in kansas had already spoken, had already said, this constitution protection was valid, and the voters in kansas today confirmed that women should have the right to choose in that state. >> so, listen, back to the floor here. you know, there's going to be this consternation about, oh, the language was ambiguous. we're talking about the conservative pundits there, either on radio or television, saying, were voters confused? they seemed flummoxed that kansas could vote in the way they were building, that it was looking like it was going. it doesn't seem that it was ambiguous to me. is that just an excuse? >> look, i think, given -- is a couple things here.

one, the result, at the moment, is pretty lopsided, for what it is. 80% in. but the other thing is that, with turnout being extremely high in an off-your scenario, if you are leaving your house to go vote on a ballot initiative in the state of kansas, you probably know what you're voting about it i think that that's -- in this case -- they were asking voters do you want to change the status quo or leave the status quo. if you're leaving your house, you're probably, leave your house to keep the status quo that you have been living under so, i think that that -- we can only surmise that that is what is going on here, just given how lopsided the numbers are, and given the turnout levels. then, one other point i'll make, the state of kansas, their governor, laura kelly, is a democrat. she is a democrat who has pushed back on abortion restrictions in the past, and is not backing down. she's up for reelection.

that is -- i think -- in and of itself, something extraordinary, but it tells you a lot about how she thinks this issue can play, even in her state, where trump won by a very large margin. she is describing it as an extremist effort, as an effort being pushed by a small minority of even the republican party to further restrict abortion, and that's a warning shot, that she is sending to republicans >> it will be interesting to see if there's a devil since from the people who voted on this initiative, and voted on other cases. whether they are people who just came out to vote on these races, but, don, the turnout is everything here. the reason parties in power almost always lose ground in midterm elections is because the party that's out of power comes out in greater numbers than the party in power. if democrats are motivated by this decision to come out in

unusually-large numbers, as we saw something like, you know, we saw a huge turnout in 2018, when trump was president. if this becomes a motivator, it will have an impact on some peered it may not change the fundamental four that it's gonna be a tough democratic year, but it could be a lot less tough. >> you know what? i don't think we just have democrats voting on this. >> absolutely. >> also, republicans and women feel like this is an issue. >> but if they feel that that is at stake in the senate races, for example, if you've got a governors race, in particular, arguably antiabortion rights candidate on one side, and a pro-abortion rights candidate on the other side, those modern republicans may go that way.independent voters may go that way, the interesting point you're making is we have, for much of this year, seen the presidents pulling numbers are -- we see how much harm inflation is causing families, and the real

concern we see is an electorate that is not pleased with the direction of the country. all of these things that tell us this should be a wave year for republicans. what we're starting to see are some data points that suggest, again, not that the environment is overturned. this should be a good republican year, but there are some data points here that, perhaps that wave is not gonna crest quite as high as a lot of folks had initially thought, and is kansas but is one of those data points. the rallying around what you're seeing, sort of organizing around the states around the supreme court's overturning of roe. we see it playing out in kansas, but you seeing organizational efforts elsewhere.

you can just tell from what democratic candidates are doing tonight, in response to this, they're going to centralize this as a part of their campaigns. it's a very key contest. as john was saying, if you can bring back enough of the independence that was so repelled by trumm, you can actually fortify and mitigate some of the losses the democratic party can, potentially, if they can get the independents,:a second. is there a deja vu here? the red we was supposed to happen a couple of years ago. was that it? it didn't happen. it was like, they got a blue tidal wave or something. i forgot what happened, but there was a similar thing, when people were predicting there would be this big red wave, and and it didn't happen. >> i also think, you know, the party out of power, their simplistic argument is why not? give us a shot. the problem with this cycle, i think, for republicans is that it's easy for democrats to make the case of why not. right? when you have a trump factor, when you have things like abortion, when you have these issues that it to the front of people's minds, it makes it easier for democrats to say, here's why not.

i think that makes the argument a lot harder >> that is the task for democrats, to make this not just a referendum on the direction of the country or the economy or the president, but a choice. there are three things working here. one is the dobbs decision. another is the hearings. i would argue that, in the midst of all of this, the attack in uvalde, the attack in island park, and is all came together to create an argument that republicans are too extreme . and, for most of the last year, the republicans have mainly made the argument that democrats are too extreme. it was working with independent voters. i think this has the burden of central potential to pull some back. >> this is not to say, republicans are favored to win the house presented us. i want to be clear, they are. but the political environment

may be shifting. it's a dynamic thing. it may be shifting a bit right before our eyes. >> the democrats are getting things done in washington. that actually helps them a lot. >> i agree with lauren. we talk about the language, when it comes to what has happened -- happening -- and what has happened in kansas., everyone, saying, it's ambiguous. you have people there, watching the local news, being instructed by certain political groups, telling them which way to vote but i don't think that that's an excuse. that shouldn't be an excuse, that the language was ambiguous. yes, would you like to leave the constitution the way it is? or no, would you want, you know, no, a no-but would leave a 22-week law in place. so, i think it was pretty solid, the language, too, you know, what do you want to do it or not. >> yeah. i don't think the language has anything to do with this victory for pro-choice, don. i think people understand what's at stake, and they're not willing to allow republican lawmakers, this four, as it has been described as a minority, to control something like

women's rights to choose. i think we're going to see this similar ballot initiative that's going to be on the ballot in kentucky in november and then, we see states like california and vermont, where there's efforts to enshrine, in the constitution, the rights that women have to an abortion. so, that has created this patchwork across the state, where every state is basically doing something different, making it very difficult for voters to know what's going on. i think this kansas vote tonight is a clear victory, when you talk about language, people who know what they know, people are not stupid. very rarely do people get motivated to go out and vote on ballot initiatives for the fact that we have this high motor turnout -- call it what it is -- a victory for women's rights. >> thank you, areva. thanks to everyone else, as well. to the breaking news now, sad

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i'm dianne gallagher in kentucky. this is cnn. former trump white house counsel patsy pallone has been subpoenaed by a federal grand jury investigating the return of the 2020 election. sources tell cnn, cipollone and his attorneys are discussing ways that they're going to handle this appearance before the grand jury, including how to deal with executive privilege issues. that's what the source says. abc news, first to report the subpoena. i want to bring in cnn's global affairs analyst. good evening to you. how big of a deal is a subpoena, ellie? tell us about the impact of this cooperation, what it can have on the justice department's investigation. >> pat cipollone was at the heart of virtually every stage in the entire effort by donald trump and others around him to try to block congress and

steal the election. virtually, everyone of the key moments, the meetings in the oval office, the meetings with doj, the meetings with the other advisors who were in donald trump's ear, pat cipollone is there. often, pat cipollone's role was to tell donald trump, we can't do this, to push back against the worst excesses and abuses. don, this tells me, doj is looking at the inter-inner circle of the trump white house. >> susan, everyone will try to read something into this. not sure what there is to be read into it, but i will ask you if this just develop it should be seen as a big win towards protecting democracy in america. >> look, don. first of all, it's more than a year and a half after january 6th itself. we only are just now getting indications of this justice department federal grand jury with testimony by some former senior mike pence aids in recent weeks. now, the subpoena to pat cipollone. we don't know what it means. there have been no charges for anyone actually involved in convening all those people and bringing them to the capitol

that they strolled on january 6th. so, a note of caution there. but pat cipollone , as we said, was a crucial figure in all of this. not only pushing back, but he's the one who had to evaluate and explain why the crazy schemes were not just crazy, but illegal to me, that's always been very important. donald trump was told repeatedly that it wasn't just ill-advised, but that it was unconstitutional for him to demand that vice president pence single-handedly invalidate the results at the election. he proceeded, anyway. i do think that cipollone, who's never publicly broken with the president, that his private dealings in this matter are crucial to understanding what was, essentially, a coup against american democracy. >> susan, elliot, thank you very much. we'll be right back p per night.

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ahhhhhhh listerine. feel the whoa! now more on the sad news tonight. the baseball world, mourning the loss of the legendary voice of the los angeles dodgers, vin scully, who died at the age of 94 today. angie schwartz has the life and times of an icon. >> reporter: hi, everybody. present thursday evening to you, wherever you may be. >> reporter: worthy of your book cover, vin scully. flip inside and see the school what who always wanted to become a sportscaster . >> we had a big old radio on four legs. i would crawl underneath the radio, so that the speaker was directly over my face, and i would be listening to a game that meant absolutely nothing to me. alabama-mississippi. but what intrigued me, that

thrilled me, was the roar of the crowd. >> reporter: the captivated youngster went on to play center field that university, graduating with a degree in radio. scully broken as an announcer with the brooklyn dodgers in 1950, as the yearbook shows. mentored by legends connie desmond and especially red barber. >> he was, indeed, another father. eventually, many years later, he wrote in a column -- maybe i was the son that he had never had. maybe the red hair had something to do with it. but we were that close. >> reporter: scully would make any father proud, honored by the baseball hall of fame, lauded by critics, including the author of "forces of the game." >> anybody who has studied baseball, broadcasting, or indeed, heard vin scully would agree that scully is the roy hobbs of baseball broadcasting, the best that ever was. he has converted more gradual fans and more nonbaseball fans

into baseball fanatics than virtually any broadcaster that i can think of. >> reporter: what words can describe scully my skewers? cheerful, poetic, master storyteller. >> the '75 club, finally to the big red machine. >> reporter: scully things he made his mark with silence, by not over announcing the moment. >> she is gone! >> reporter: when kurt ibsen had a dramatic wanted to the oakland a's in the 1988 world series, scully didn't say a word for more than a minute. then -- >> in a year that has been so improbable, the impossible has happened! >> reporter: scully called the come back for the new york mets against the red sox and the next world series. >> it gets through buckner! the mets when it! >> reporter: also delved into football, calling the catch, montana to carr, in the 49ers'

famous playoff win over the cowboys. >> throwing in the end zone, caught! >> reporter: scully's popularity often exceeded the players. late in his career, he served as grand marshal of the rose parade and ballgame. in 2016, he signed off for the last time as a regular broadcaster after 67 seasons calling dodgers games. weeks before hanging up his mic, scully riveted a crowd at the reagan blackberry. >> if i have a trademark, it would be to call the play as quickly and as accurately as i possibly can, and then shut up and listen to the roar of the crowd. even to this day, when that crowd roars, i'm that little 8- year-old kid, crawled underneath the radio, back in new york city, listening to alabama-tennessee. >> may he rest in peace. thank you for watching, everyone. our coverage continues.

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a warm welcome to our viewers joining us in the united states and all around the world. i'm max foster in london. just ahead -- >> we will not abandon our commitment to taiwan and we are proud of our enduring friendship. >> they are accusing pelosi of provoking china, they see it as undermining china sovereignty. >> no matter who comes out of that primary, we will have someone who is an election denier. >> they are gallon v